Proposed tax split changed

WINSTON COUNTY - The percentages of a portion of a proposed lodging tax for Winston County appear differently in draft legislation currently running as a legal notice in the Alabamian than how they were approved by the Winston County Commission in February.
The proposed eight percent lodging tax, which would be levied at all hotels, Air B&Bs, motels, etc. in Winston County, would be split multiple ways, according to both the proposal approved by the county commission and the draft legislation that is running as a legal notice in the Alabamian.  The only change is within the 55 percent of the collected lodging tax that would go to road and bridge improvements in the county.  
The Winston County Commission passed on a 2-1 vote in February to split the road and bridge improvement portion of the lodging tax, with 54 percent going to district 1 or the eastern portion of the county and 46 percent to District 2, the western portion of the county.   
County Commission Chairman David Cummings and District 2 Commissioner Roger Hayes voted in favor of the legislation with the 54-46 split, with District 1 Commissioner Rutger Hyche voting against it.  Earlier in the February meeting, a version of the legislation giving 99 percent of the road and bridge improvement split in the proposed lodging tax to District 1 and one percent  to District 2 was voted down by Cummings and Hayes, with Hyche voting in favor of this version.
The proposed legislation currently running in the Alabamian as a legal notice has a different split on the road and bridge improvement portion of the tax: 75 percent to District 1 and 25 percent to District 2. This raised questions as to how the proposed legislation was changed.  Here is what the Alabamian has learned.
Hyche told the Alabamian he went to Montgomery and sought out State Representative Tim Wadsworth about changes in the draft legislation after the 2-1 vote that split the road and bridge improvement portion of the tax more evenly. Hyche referred to draft 2 of the lodging tax, which passed the commission on a 2-1 vote (with Hyche voting no) as an, “injustice to the people I represent, and that is District 1.”
“I went and talked to Tim (Wadsworth) about it,” Hyche said. “I want the people of Winston County to have a voice.  My constituents feel like their voice was not heard with draft number 2 by a long shot. That was the farthest thing from their voice being heard.
“We’ve got to get away from the ways we have done it over the last three, four, five decades,” Hyche pointed out. “You have got to put the money back where it’s being generated from to see a change.”
Hyche was then asked why the commission as a whole was not informed of the changes to the draft.
“I wasn’t made aware of a lot of stuff.  I wasn’t aware that they (Cummings and Hayes) were going to lock in 54/46,” Hyche said, referring to the February meeting where the vote on Hyche’s proposed legislation failed, then the second version of the draft legislation passed on a 2-1 vote.  “It looks like their minds are already made up, doesn’t it?
“I am not worried about animosity. I am worried about the people of the county and having an opportunity to fix their roads,” Hyche continued.
“I am elected to do a job and that is exactly what I am going to do,” Hyche pointed out. “I am going to do it by any legal means necessary. This was a legal avenue that was open and I went to Montgomery to find out about the next step.
“It was tossed around that we could possibly do this, and we did it,” Hyche said.
“When it comes to the road department money, there wasn’t any compromise,” Hyche pointed out.  “It was, we were going to do it the same way we had done it for the past 30 years.  To me, to move this county forward, we have got to change.”
Hyche commended Wadsworth for, “taking a stand and fighting for the changes,” he said.
Hyche also urged anyone with questions to contact him directly at (205) 272-9152.

Hyche reasons split reflected highest number of lodging properties

Hyche reasoned that the split in the road and bridge improvement portion of the tax favoring the eastern portion of the county was in sight of the highest number of lodging facilities being on that side of the county.
Concerning the 135 lodging facilities in Winston County, 133 of those are in District 1, Hyche explained.
“I also had data showing and supporting the fact that District 1 has the most amount of growth in 10 years,” Hyche stated. “There were 850 houses built in 10 years in Winston County, 605 of them were built on Lewis Smith Lake, which my entire district encompasses.
“There was another 250 built throughout the county and only 20 built in Haleyville,” Hyche stated.
The way the original bill was written gave room for district 2 to grow, and that district 2 had opportunity for growth concerning short-term rental property, Hyche added.
“Representative Wadsworth asked me what could we do going forward, if I would compromise any, because from my understanding, it had to be consensus going forward.  He re-wrote the bill and did the (district split) 75/25,” Hyche stated.
Hyche stressed the growth in District 1 has placed a strain on the county’s road budget.
“The construction traffic is tearing our roads up in and around the lake, which were never intended to have the high volume of traffic which is on them,” Hyche said.
“This lodging tax was a way of generating more revenue and putting it back where it needed to go, to support that infrastructure that is being torn apart by the growth,” Hyche pointed out.
Hyche also referred to figures given by Cummings at the meeting, citing a large difference in road and bridge funding between the county’s two districts.
 “There’s only about a $19,000 discrepancy between the two districts on our road and bridge in maintenance budget,” Hyche stated. “Our maintenance not only covers our roads and bridges. It also covers vehicles, equipment anything else that we use that might break down and need to be repaired.”

Cummings, Hayes not in agreement with change in the legislation

“I do not agree with the proposed lodging tax, particularly the percentage breakdown, which allocates 25 percent to District 2 and 75 percent to District 1,” Cummings pointed out in a written statement to the Alabamian. “This proposal was drafted by a legislator for the people of Winston County to vote on. It was not a bill voted on by the commission.
“When I took office as chairman, I committed to being fair and honest for both districts of our county, and I stand by that promise,” Cummings strongly emphasized.
“Regardless of whether this tax passes or not, I want citizens to understand that the estimated $154,000 in revenue is based on last year’s lodging revenue figures and may vary.
“According to the proposed distribution, approximately $115,000 would be allocated to District 1, and $38,500 to District 2,” Cummings strongly stated.
“With the cost of chip sealing and re-basing (roads) at $150,000 per mile, this funding simply won’t make significant impact on road improvements,” Cummings continued.
“However, I do support the approximate $5,000 per fire department, as well as funding for our local sheriff’s department, as they provide essential services to our community,”  he said.
“While I may not agree with the overall proposal, I recognize the benefit of ensuring our fire departments and sheriff’s departments receive additional resources,” Cummings concluded.
District 2 Commissioner Roger Hayes noted the 75/25 split should have come before the entire commission before it was changed in the draft legislation.
“I just accidentally found out about it,” Hayes said. “I would have thought Representative Wadsworth would have told me what he was doing, writing the bill up.
“We the county commission, the three of us, I thought we were supposed to be running the county and we do (it) with the help of our legislators,” Hayes spoke out.
“I don’t think people realize, and I don’t think Representative Wadsworth does either, that we as a commission voted to do it, and do our normal money, like 54/46 percent.  That’s what I would agree to,” Hayes continued.
“This has turned into a political bounce ball. That’s all it is,” Hayes pointed out.
Hayes reminded that Wadsworth represents portion of Winston County outside of District 1.
“He’s got Pebble. He’s got Ashridge. He’s got Lynn.  Those people are contacting me. They are not for this 25/75. They were not for the 99/1 percent,” he said.
“They would be for the 54/46 percent (split),” Hayes continued. “Fair is fair, and there is nothing about this fair, the way that it has come up and how it has gone about.
“Why waste people’s time? Why waste people’’s money, if it’s going to fail?” Hayes asked. “We voted and Rutger said I am going to be against this, and I am definitely going to be against this (new split).
“We can urge the public to vote against this,” Hayes then emphasized. “I am definitely going to urge the public not to vote for this bill because it is not fair.
“We’re here for the whole county and not for one section,” Hayes continued.

Legislators want the best proposal for Winston County
citizens
A joint statement issued to the Alabamian by Wadsworth and Senate Pro-Tem Garlan Gudger noted that, as legislators for Winston County, they wanted the voters of Winston County, as required by the Posey Amendment, to be allowed to vote on the proposal.
“When there is a disagreement between District 1 and District 2 commissioners, we attempt to place before the voters the best proposal that helps the citizens of Winston,” Wadsworth and Gudger agreed.
“The short term rental proposal will be paid by generally people outside of Winston County,” the legislators further stated in the joint statement.
“The proposal provides 20 percent of the funds to go to all county volunteer fire departments equally.  Twenty percent will go to the sheriff’s office, to provide security for our citizens,” Wadsworth and Gudger stated.
“In the last 10 years, there were 875 homes built in Winston County, with 605 homes in District 1 and 250 homes built in District 2, including 20 homes in Haleyville,” the legislators continued.
“Fifty-five percent of the short-term rental proposal is allocated to roads, with 75 percent allocated to District 1, and 25 percent allocated to District 2,” Wadsworth and Gudger agreed.
“There are 135 short-term rentals in Winston County, with 133 being located in District 1 and only two rentals being located in District 2,” Wadsworth and Gudger reasoned.
“Because the county commission is responsible for collection, five percent of the proceeds go to the county for collection,” they continued.
“The voters of Winston County would decide if they support the proposal,” Wadsworth and Gudger stated.
“If the voters support the proposal, roads, fire depart-

ments and citizens’ security will improve,” they added. “We, as always, support citizens and their right to vote.”

Estes has
reservations about the situation

State Representative Tracy Estes, who also represents a portion of Winston County, admitted he has some reservations about the situation and has concerns the commission was not in total agreement with the proposal before it came to legislators.
“This is an unusual situation,” Estes began, “whereas the Winston County Commission is not in total agreement on the bill.
 “I would be less than honest if I did not say this causes me concern.”
“In situations such as these, I think it is preferable all three commissioners are in agreement,” Estes reasoned. “When they are not, it places the local legislative delegation in a precarious situation.”
Estes continued that in previous years, he represented a larger portion of Winston County but, after the reapportionment process a few years ago, now only represents the City of Haleyville inside the county.
“To my understanding, there is much opposition in this portion of the county to this bill,” Estes stated.

Legislators allowed to change local
legislation

The Alabamian contacted the Association of County Commissions of Alabama to learn if there was any type of special rule requiring county commissions to be in total agreement on local legislation before it is introduced in Montgomery.
“There is no rule in the Alabama Legislature that limits its members’ ability to introduce local legislation based on votes by the county commission,” Sonny Brasfield, executive director of the ACCA, replied in an emailed statement.
“Many legislators extend local courtesy to the county commission on local bills that impact the commission’s operation, but there is no rule that requires the legislators to do so,” Brasfield added.
The remainder of the distribution of the lodging tax to various entities in the draft legislation running as a legal notice is the same as how it was voted on in the 2-1 vote by the Winston County Commission.  Twenty percent of the lodging tax proceeds would go to the Winston County Sheriff’s Office; 19 percent to volunteer fire departments with coverage area and a station physically located in the county; one percent to volunteer fire departments with coverage area and no station physically located in the county and five percent for the county general fund.